Medical Malpractice Terms and Definitions

Noneconomic damages Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately. Discovery The pre-trial process, such as a deposition, by which one party discovers the evidence that will be relied upon at trial by the opposing party. Cerebral Palsy Cerebral palsy refers to a group of conditions that affect control of movement and posture. Because of damage to one or more parts of the brain that control movement, an affected child cannot move his or her muscles normally. While symptoms range from mild to severe, the condition does not get worse as the child gets older. Plaintiff The party who initiates a legal action; in a personal injury lawsuit, the person who alleges that he or she has suffered monetary damages due the negligence of another party. Medical lien The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided. Collateral source rule Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources. Negligence Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances. When that failure causes another person to suffer an injury or financial loss, that person may be entitled to just compensation through our civil justice system. Res ipsa loquitur The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time. Affidavit A voluntary statement or declaration of facts that has been written down and confirmed under oath. Medications Malpractice This category covers claims arising from inaccurate medication prescriptions, such as wrong medication or dosage level.

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in Massachusetts.

	Did You Know?
	Cosmetic surgery malpractice is a common occurrence Negligence happens when ill-equipped medical practitioners, like doctors, nurses, anesthesiologists, and other healthcare professionals carry out such relatively simple cosmetic procedures like botox injections and forehead lifts. Negligence of this kind is criminal. It can happen to anyone.